Health and Social Care Bill

House of Commons

Session 2010 - 11
Internet Publications
Other Bills before Parliament

Health and Social Care Bill

Health and Social Care Bill
Part 1 — The health service in England
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(14)
Any reference in subsection (1) to failure to discharge a function
includes a reference to failure to discharge it properly.
Procedural requirements in connection with certain powers
14Z7
Procedural requirements in connection with certain powers
(1)
Before exercising the power to dissolve a consortium under section
5
14Z6(7) the Board must consult the following persons—
(a)
the commissioning consortium,
(b)
relevant local authorities, and
(c)
any other persons the Board considers it appropriate to consult.
(2)
For that purpose, the Board must provide those persons with a
10
statement—
(a)
explaining that it is proposing to exercise the power, and
(b)
giving its reasons for doing so.
(3)
After consulting those persons (and before exercising the power), the
Board must publish a report containing its response to the consultation.
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(4)
If the Board decides to exercise the power, the report must, in
particular, explain its reasons for doing so.
(5)
Regulations may make provision as to the procedure to be followed by
the Board before the exercise of the powers conferred by sections 14Z3,
14Z4 and 14Z6.
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(6)
The Board must publish guidance as to how it proposes to exercise the
powers conferred by those sections.
(7)
For the purposes of subsection (1) a local authority is a relevant local
authority if the whole or any part of the area of the local authority is in
the area of the commissioning consortium.
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Disclosure of information
14Z8
Permitted disclosures of information
(1)
A commissioning consortium may disclose information obtained by it
in the exercise of its functions if—
(a)
the information has previously been lawfully disclosed to the
30
public,
(b)
the disclosure is made under or pursuant to regulations under
section 113 or 114 of the Health and Social Care (Community
Health and Standards) Act 2003 (complaints about health care
or social services),
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(c)
the disclosure is made in accordance with any enactment or
court order,
(d)
the disclosure is necessary or expedient for the purposes of
protecting the welfare of any individual,
(e)
the disclosure is made to any person in circumstances where it
40
is necessary or expedient for the person to have the information
for the purpose of exercising functions of that person under any
enactment,

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Part 1 — The health service in England
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(f)
the disclosure is made for the purpose of facilitating the exercise
of any of the consortium’s functions,
(g)
the disclosure is made in connection with the investigation of a
criminal offence (whether or not in the United Kingdom), or
(h)
the disclosure is made for the purpose of criminal proceedings
5
(whether or not in the United Kingdom).
(2)
This section has effect notwithstanding any rule of common law which
would otherwise prohibit or restrict the disclosure.
Interpretation
14Z9
Interpretation
10
In this Chapter, “the health service” means the health service in
England.”
23
Financial arrangements for consortia
After section 223G of the National Health Service Act 2006 insert—
“Commissioning consortia
15
223H
Means of meeting expenditure of commissioning consortia out of
public funds
(1)
The Board must pay in respect of each financial year to each
commissioning consortium sums not exceeding the amount allotted for
that year by the Board to the consortium towards meeting the
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expenditure of the consortium which is attributable to the performance
by it of its functions in that year.
(2)
In determining the amount to be allotted to a consortium for any year,
the Board may take into account—
(a)
the expenditure of the consortium during any previous
25
financial year, and
(b)
the amount that it proposes to hold, during the year to which
the allotment relates, in any contingency fund established
under section 223G.
(3)
An amount is allotted to a consortium for a year under this section
30
when the consortium is notified in writing by the Board that the
amount is allotted to it for that year.
(4)
The Board may make a new allotment under this section increasing or
reducing an allotment previously so made.
(5)
Where the Board allots an amount to a consortium or makes a new
35
allotment under subsection (4), it must notify the Secretary of State.
(6)
The Board may give directions to a commissioning consortium with
respect to—
(a)
the application of sums paid to it by virtue of a new allotment
increasing an allotment previously so made, and
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(b)
the payment of sums by it to the Board in respect of charges or
other sums referable to the valuation or disposal of assets.

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(7)
Sums falling to be paid to commissioning consortia under this section
are payable subject to such conditions as to records, certificates or
otherwise as the Board may determine.
(8)
In this section and sections 223I to 223L “financial year” includes the
period which begins on the day the consortium is established and ends
5
on the following 31 March.
223I
Financial duties of commissioning consortia: general
(1)
Each commissioning consortium must, in respect of each financial year,
perform its functions so as to ensure that its expenditure which is
attributable to the performance by it of its functions in that year does
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not exceed the aggregate of—
(a)
the amount allotted to it for that year under section 223H,
(b)
any sums received by it in that year under any provision of this
Act (other than sums received by it under section 223H), and
(c)
any sums received by it in that year otherwise than under this
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Act for the purpose of enabling it to defray such expenditure.
(2)
The Board may by directions determine—
(a)
whether specified sums must, or must not, be treated for the
purposes of this section as received by a specified consortium,
(b)
whether specified expenditure must, or must not, be treated for
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those purposes as expenditure within subsection (1) of a
specified consortium, or
(c)
the extent to which, and the circumstances in which, sums
received by a consortium under section 223H but not yet spent
must be treated for the purposes of this section as part of the
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expenditure of the consortium, and to which financial year’s
expenditure they must be attributed.
(3)
The Secretary of State may by directions require a commissioning
consortium to use specified banking facilities for any specified
purposes.
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(4)
In this section, “specified” means specified in the directions.
223J
Financial duties of commissioning consortia: use of resources
(1)
A commissioning consortium must ensure that the use of its resources
in a financial year does not exceed the amount specified for it in relation
to that year by the Board.
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(2)
The Board may vary the amount specified by it under this section.
(3)
For the purposes of subsection (1) the Board may give directions—
(a)
specifying uses of resources which must, or must not, be taken
into account;
(b)
making provision for determining to which consortium certain
40
uses of resources must be attributed;
(c)
specifying descriptions of resources which must, or must not,
be taken into account.
(4)
In this section, a reference to the use of resources is a reference to their
expenditure, consumption or reduction in value.
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223K
Financial duties of commissioning consortia: restriction on certain
types of expenditure
(1)
A commissioning consortium must ensure that its capital expenditure
in respect of a financial year does not exceed such sum as the Board
may specify in relation to that year.
5
(2)
A commissioning consortium must ensure that its revenue expenditure
in respect of a financial year does not exceed such sum as the Board
may specify in relation to that year.
(3)
A commissioning consortium must ensure that its expenditure in
respect of a financial year on prescribed matters relating to
10
administration does not (in total) exceed such sum as the Board may
specify in relation to that year.
(4)
The Board may vary any sum specified for the purposes of this section.
(5)
The Board may by directions determine whether expenditure by a
consortium of a description specified in the directions must, or must
15
not, be treated for the purposes of this section as expenditure within
subsection (1) or (2).
(6)
For the purposes of this section, expenditure is to be disregarded if it is
met otherwise than from sums paid to the consortium under section
223H.
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223L
Payments in respect of performance
(1)
The Board may, after the end of a financial year, make a payment to a
commissioning consortium if, in the light of an assessment carried out
under section 14Z1, it considers that the consortium has performed
well during that year.
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(2)
The Board may make one or more payments (“advance payments”) to
a commissioning consortium before the end of a financial year if it
considers that the consortium is likely to perform well during that year.
(3)
The amount of a payment under subsection (1) is to be—
(a)
the amount that the Board considers to be appropriate in the
30
light of the consortium’s performance during the financial year,
less
(b)
the amount of any advance payments made to the consortium
during that year.
(4)
Subsection (5) applies if—
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(a)
any advance payments are made to a commissioning
consortium during a financial year, but
(b)
no payment is made to the consortium under subsection (1) in
respect of that year (whether because the Board decided not to
make such a payment or because the amount of any advance
40
payments was equal to or exceeded the amount determined by
the Board under subsection (3)(a)).
(5)
The Board may—
(a)
make a deduction from a payment that the Board decides to
make under subsection (1) in respect of a subsequent financial
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year, or

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(b)
make deductions from more than one such payment.
(6)
The maximum amount that may (in total) be deducted under
subsection (5) is—
(a)
in a case where the Board decided not to make a payment to the
consortium under subsection (1), the amount of any advance
5
payments, and
(b)
in any other case, the difference between the amount of any
advance payments and the amount determined by the Board
under subsection (3)(a).
(7)
A commissioning consortium may distribute any payments received
10
by it under this section among its members in such proportions as it
considers appropriate.”
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Requirement for primary medical services provider to belong to consortium
(1)
In section 89 of the National Health Service Act 2006 (general medical services
contracts: required terms), after subsection (1) insert—
15
“(1A)
Regulations under subsection (1) may in particular make provision—
(a)
for requiring a contractor who provides services of a prescribed
description (a “relevant contractor”) to be a member of a
commissioning consortium;
(b)
as to arrangements for securing that a relevant contractor
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appoints one individual to act on its behalf in the dealings
between it and the consortium to which it belongs;
(c)
for imposing requirements with respect to those dealings on the
individual appointed for the purposes of paragraph (b);
(d)
for requiring a relevant contractor, in doing anything pursuant
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to the contract, to act with a view to enabling the consortium to
which it belongs to discharge its functions (including its
obligation to act in accordance with its constitution).
(1B)
Provision by virtue of subsection (1A)(a) may in particular describe
services by reference to the manner or circumstances in which they are
30
performed.
(1C)
In the case of a contract entered into by two or more individuals
practising in partnership—
(a)
regulations making provision under subsection (1A)(a) may
make provision for requiring each partner to secure that the
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partnership is a member of the consortium;
(b)
regulations making provision under subsection (1A)(b) may
may make provision as to arrangements for securing that the
partners make the appointment;
(c)
regulations making provision under subsection (1A)(d) may
40
make provision for requiring each partner to act as mentioned
there.
(1D)
Regulations making provision under subsection (1A) for the case of a
contract entered into by two or more individuals practising in
partnership may make provision as to the effect of a change in the
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membership of the partnership.

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(1E)
The regulations may require an individual appointed for the purposes
of subsection (1A)(b)—
(a)
to be a member of a profession regulated by a body mentioned
in section 25(3) of the National Health Service Reform and
Health Care Professions Act 2002, and
5
(b)
to meet such other conditions as may be prescribed.”
(2)
In section 94 of that Act (regulations about arrangements under section 92 of
that Act for provision of primary medical services), after subsection (3) insert—
“(3A)
Regulations under subsection (3)(d) may—
(a)
require a person who provides services of a prescribed
10
description in accordance with section 92 arrangements (a
“relevant provider”) to be a member of a commissioning
consortium;
(b)
make provision as to arrangements for securing that a relevant
provider appoints one individual to act on its behalf in dealings
15
between it and the consortium to which it belongs;
(c)
impose requirements with respect to those dealings on the
individual appointed for the purposes of paragraph (b);
(d)
require a relevant provider, in doing anything pursuant to
section 92 arrangements, to act with a view to enabling the
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consortium to which it belongs to discharge its functions
(including its obligation to act in accordance with its
constitution).
(3B)
Provision by virtue of subsection (3A)(a) may in particular describe
services by reference to the manner or circumstances in which they are
25
performed.
(3C)
In the case of an agreement made with two or more persons—
(a)
regulations making provision under subsection (3A)(a) may
require each person to secure that the persons collectively are a
member of the consortium;
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(b)
regulations making provision under subsection (3A)(b) may
make provision as to arrangements for securing that the
persons collectively make the appointment;
(c)
regulations making provision under subsection (3A)(d) may
require each person to act as mentioned there.
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(3D)
Regulations making provision under subsection (3A) for the case of an
agreement made with two or more persons may make provision as to
the effect of a change in the composition of the group of persons
involved.
(3E)
The regulations may require an individual appointed for the purposes
40
of subsection (3A)(b)—
(a)
to be a member of a profession regulated by a body mentioned
in section 25(3) of the National Health Service Reform and
Health Care Professions Act 2002, and
(b)
to meet such other conditions as may be prescribed.”
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